Lojo Realty Co. v. Estate of Isaac G. Johnson

Appellate Division of the Supreme Court of New York

Lojo Realty Co. v. Estate of Isaac G. Johnson

241 A.D. 679

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1934

StatusPublished

This text of 241 A.D. 679 (Lojo Realty Co. v. Estate of Isaac G. Johnson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lojo Realty Co. v. Estate of Isaac G. Johnson, 241 A.D. 679 (N.Y. Ct. App. 1934).

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Opinion

Order so far as appealed from affirmed, with twenty dollars costs and disbursements, with leave to defendant to answer within twenty days from service of order upon payment of said costs. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Finch, P. J., dissents upon the ground that the equity action for specific performance being still pending, any right of damages must be determined therein. Plaintiff cannot maintain two actions at the same time on the same cause of action. No election of inconsistent remedies is involved herein.

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Order so far as appealed from affirmed, with twenty dollars costs and disbursements, with leave to defendant to answer within twenty days from service of order upon payment of said costs. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Finch, P. J., dissents upon the ground that the equity action for specific performance being still pending, any right of damages must be determined therein. Plaintiff cannot maintain two actions at the same time on the same cause of action. No election of inconsistent remedies is involved herein.

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241 A.D. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lojo-realty-co-v-estate-of-isaac-g-johnson-nyappdiv-1934.